APNU+AFC and the messy broadcast legislation
http://www.kaieteurnewsonline....oadcast-legislation/
The APNU+AFC can be excused for the mess it is about to create in relation to Broadcasting legislation. The PNCR had very limited experience in running a liberalized media; the party was weaned on state domination of the media. The AFC has no clue about how to manage a liberalized broadcast spectrum because it has no such experience.
The lack of experience is clearly showing when one considers that the proposed broadcast legislation is demanding that private broadcasters dedicate one hour each day to programmes highlighting government policies.
It is an established practice for private radio stations in the democratic world to broadcast free of cost public service announcements (PSAs). These announcements concerns matters of public interest but do not include propagation of government policy â that is called propaganda.
The government cannot through legislation encroach on private property rights by first demanding that broadcasters must carry one hour of government programmes. If the government wants to get its policies across it should use the state-owned media which has far greater reach than the private broadcasters.
Programmes on Government policies such as the weekly propaganda stable the Government in Action and This week with the President, are not public service announcements. They are programmes concerned with propagating what the government is doing. It is up to broadcasters to decide if they want to carry these programmes or not. They cannot be compelled to do so since it infringes on their freedom to decide content which is fundamental to freedom of expression.
Once the State begins to compel broadcasters what they should or should not broadcast, it infringes on freedom of expression and is thus unconstitutional. It is unbelievable that in the 21st century, any government would have to be told about this.
Public service announcements usually take the form of advisories about the danger of smoking or having open containers around the yard which collect water in which mosquitoes breed, or about some precautions which citizens can take to prevent some disaster or short broadcasts urging mothers of new born infants to breasts feed their babies.
Broadcasters usually air these PSAs free of cost in the public interest.
Kaieteur News provides great deal of coverage, free of cost, to organizations which do voluntary and community work. Many times organizations would approach Glenn Lall asking for a discount on advertising some fund raising activity. Glenn would do more than give them a discount. He would give them free publicity because he feels that this is one of the things that the privately- owned media has to do. He feels that the private media must support civic causes. Glenn has been over generous to so many organizations in the country because he feels that he has a duty to support their work.
No one has to compel a Glenn Lall to publish PSAs. He does it of his own free will and more than any other newspaper in Guyana. There is therefore no need for legislation to seek to make it mandatory of PSAs to be aired on private channels. The private broadcasters will do it of their own free will.
The second issue which is a mess concerns the licensing of broadcasters. It is now trite law that persons cannot be deprived of their property without the payment of compensation. The APNU+AFC has enough lawyers in its rank to know that existing broadcasters have acquired prosperity rights by virtue of the licenses which they hold. Asking a broadcaster to reapply for a license constitutes a deprivation of property.
And once you deprive someone of property, you have to pay compensation.
What the legislation seems to be doing is to attempt to squash old licenses and then have new licenses reissued using the pretext of the need for new licensing under the new legislation. That tactic will not work, not in this day and age.
The APNU and the AFC must understand that Guyanese are not going to be bullied into giving up their property rights. The days of bullyism are over. And the faster the APNU+AFC gets that into its cranium, it will avoid unnecessary controversies.
The bottom line is this. Former President Jagdeo issued broadcast licenses. The licensees have acquired property rights by virtue of acquiring those licenses. The licenses cannot be taken away in the name of the need to ensuring licensing under new legislation. No way Jose!
